DCIT Vs. I Energizer Holdings Ltd.

Parties Involved

Facts Summary

The assessee is a Mauritius-based foreign company. A search and seizure operation under section 132 of the Income Tax Act, 1961 was conducted on 22.03.2012 on Focus Energy Group, during which incriminating documents pertaining to the assessee were found and seized. The case was centralized with the Central Circle–10, New Delhi. A satisfaction note dated 18.11.2013 was recorded for invoking provisions under section 153C of the Act, and a notice under section 142(1) was issued on the same date. The Assessing Officer assessed the income of the assessee at Rs. 3,83,53,140/- on a protective basis. The assessee appealed to the Commissioner of Income Tax (Appeals), who gave relief to the assessee. The Revenue is now in appeal before the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the Assessing Officer erred in passing the final assessment order without passing a draft assessment order as per section 144C(1) of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

Similar Judgements

• ITA Nos.3349 to 3352 & Others/Del/2015

  Delhi Bench 'D', New Delhi benchAY 2008-09, 2009-10, 2010-11, 2011-12Allowed

• Joginder Payla & Ors. Vs. DCIT, Central Circle-27 & Ors.

  'B' Bench, Delhi benchAY 2013-14 to 2020-21Allowed

• Zenith Portfolio and Insurance Advisors Pvt. Ltd Vs. DCIT

  Delhi Bench benchAY 2013-14 to 2015-16Partly Allowed

• Shayam Gupta vs. DCIT

  Delhi Bench benchAY 2018-19 to 2021-22Partly Allowed

• Assistant Commissioner of Income Tax, CC-30, Room No.320, 3rd Floor, ARA Centre, Jhandewalan Extension, New Delhi-110055 Vs E-Homes Infrastructure Private Limited, DASNA Annexe I ECE House, 28A, Connaught Place, S.O. Central Delhi, New Delhi-110001

  Delhi Bench benchAY 2020-21Dismissed

• Vidur Chharia Vs. DCIT/ACIT, Central Circle, Ghaziabad

  Delhi Bench benchAY 2017-18Partly Allowed